Unlawful Cancellation of Development Rights Certificates and the Entitlement to TDR Utilization under Past Regimes

sketch of the Bombay High Court
Case
JAYANT MANIKLAL LUNAWAT and ANR. v. PUNE MUNICIPAL CORPORATION (Bombay High Court, 16-09-2026)
Law
Constitution of India, Maharashtra Regional and Town Planning Act.

Highlights of the Judgment:

  • Detailed examination of the unilateral cancellation of Development Rights Certificates (DRCs) issued for land surrendered for public infrastructure projects.
  • Analysis of constitutional protections under Article 300A regarding the state's duty to provide unhindered compensation.
  • Application of promissory estoppel against municipal authorities regarding historical possession receipts and mutation records.
  • Judicial interpretation of governing regulatory regimes for utilizing restored TDR after unlawful cancellation.
  • Evaluation of evidentiary value of Court Commissioner surveys versus official revenue records in boundary disputes.